Permanent Resident Card expired in 2002

[imaisha 1]

Would someone please explain what start the process over means? Do I go back to Brasil and my wife go re-apply for the visa?

I think it's not as simple as just applying for a new visa if you leave. You've overstayed so long I think you are likely to end up with a ten year ban. That means applying for a waiver which is another long and costly process...

[Chica Yeyé 41]

Plus, you mentioned you are going through a divorce. Now I am confused.

Get a lawyer. Pronto.

[Brother Hesekiel 2,236]

Do I go back to Brasil and my wife go re-apply for the visa?

What part of DO NOT LEAVE THE COUNTRY did you not understand?

You will have to start over, adjust your status from within the US with YOUR wife as a sponsor.

If she won't do it, you are going "home" to Brasil. If you go "home" before that, mark 2019 as the year in your calendar when you can visit your child again.

Only a very experienced immigration attorney who "knows" people within the USCIS may be able to pull a reinstatement of yor previous status off. Perhaps.

[Kathryn41 3,205]

You appear to have received some good advice from USCIS. Yes, file the I-751 to adjust status asap. Include the letter of explanation. It almost definitely will be denied. However, you are still married to a US citizen. You are allowed to re-apply to adjust your status from being out of status back to an AOS applicant. Your wife would have to file the I-130 and you would file the I-485. When you get your new green card your out of status time would be 'forgiven' and you would be free to travel and visit your family. Because of the length of your marriage you would not receive a temporary green card but a 10 year card. It will mean you and your wife will need to work out your differences because you will need to be married during this time. It also means that you will not be able togo and visit your family for a while - possibly a year or more still, but it does mean that once you get the 10 year card you are able to travel, able to live and work in the US and able to interact with your son whether the marriage survives or not.

Definitely get a consultation with a lawyer - perhaps your lawyer friend knows of someone experienced in immigration who can help you, but the course USCIS outlined for you sounds pretty straight forward. Don't leave the country - you need to stay in the US to get the AOS processed again. Perhaps you can ask the lawyer whether you can even 'skip' the stage of filing the I-751 and go straight to refiling the I-485 with the I-130. It may be the preferred route to go in the end.

Good luck to you.

Edited July 30, 2009 by Kathryn41

[NArocks 13]

You appear to have received some good advice from USCIS. Yes, file the I-751 to adjust status asap. Include the letter of explanation. It almost definitely will be denied. However, you are still married to a US citizen. You are allowed to re-apply to adjust your status from being out of status back to an AOS applicant. Your wife would have to file the I-130 and you would file the I-485. When you get your new green card your out of status time would be 'forgiven' and you would be free to travel and visit your family. Because of the length of your marriage you would not receive a temporary green card but a 10 year card. It will mean you and your wife will need to work out your differences because you will need to be married during this time. It also means that you will not be able togo and visit your family for a while - possibly a year or more still, but it does mean that once you get the 10 year card you are able to travel, able to live and work in the US and able to interact with your son whether the marriage survives or not.

Definitely get a consultation with a lawyer - perhaps your lawyer friend knows of someone experienced in immigration who can help you, but the course USCIS outlined for you sounds pretty straight forward. Don't leave the country - you need to stay in the US to get the AOS processed again. Perhaps you can ask the lawyer whether you can even 'skip' the stage of filing the I-751 and go straight to refiling the I-485 with the I-130. It may be the preferred route to go in the end.

Good luck to you.

kathryn great advise however the OP stated

About a year or 2 ago I started to get better, taking less medicine and more "awake" and decided to see what I could do about my paperwork. I want to go finally see my family and my wife and I are having marital problems - we're about to divorce.

With this happening it looks as though he maybe SOL as far as I-130 and I-485. I think the OP really needs to contact an attorney and get things squared away as quick as possible, he has been out of status now for over 6 years.

[doubleubee 0]

We're still in the house but its worse by the day.

She's now saying she will not help me with the process and wants me out of the house. I did get in contact with an attorney and set up an appointment for next month. She wanted me to get everything proving that we're still married and wanted my wife there. But, unless she changes her mind, it doesn't look like it will happen.

I don't want to leave my son and I will stay here as long as I can. I will have to somehow manage to survive by myself.

If we do have a divorce, would I have any right to my son? Visitation? Partial custody?

I am very scared and depressed.

Thank you all.

[Brother Hesekiel 2,236]

I understand in what predicament you are. I'm sorry.

The problem is, if your wife does not cooperate and you two do the whole Adustment of Status thing again, just like you did it the first time, with interview and all, you are not going to be able to adjust your status. What that means is that you will be illegal, this time with the immigration cops waiting to send you home.

Living as an illegal immigrant gets more difficult all the time. Once you want to renew your driver license, just to give one example, they might want to check your legal status. A presidential amnesty is not on the menu, at this time.

One you and your wife are divorced, you have no legal power against your wife in regard to visitation right, etc. All she has to do is inform USCIS and complain about you, and you'll be in handcuffs waiting for a flight to Brasil. You automatically face a 10-year ban before you--perhaps--can even visit the US again.

I hate to say it, but unless you find an attorney who can reinstate your status as a permanent resident, based on the fact that you have been ill and incapacitated for so long, you will need the full support of your wife in order to pull the AOS off again.

Wish you the best.

[NArocks 13]

I understand in what predicament you are. I'm sorry.

The problem is, if your wife does not cooperate and you two do the whole Adustment of Status thing again, just like you did it the first time, with interview and all, you are not going to be able to adjust your status. What that means is that you will be illegal, this time with the immigration cops waiting to send you home.

Living as an illegal immigrant gets more difficult all the time. Once you want to renew your driver license, just to give one example, they might want to check your legal status. A presidential amnesty is not on the menu, at this time.

One you and your wife are divorced, you have no legal power against your wife in regard to visitation right, etc. All she has to do is inform USCIS and complain about you, and you'll be in handcuffs waiting for a flight to Brasil. You automatically face a 10-year ban before you--perhaps--can even visit the US again.

I hate to say it, but unless you find an attorney who can reinstate your status as a permanent resident, based on the fact that you have been ill and incapacitated for so long, you will need the full support of your wife in order to pull the AOS off again.

Wish you the best.

Nicely put Just Bob

[furiousng 2]

Your case screams two words "Immigration Attorney"!!!! Keep us posted. All the best..

[doubleubee 0]

Your case screams two words "Immigration Attorney"!!!! Keep us posted. All the best..

I promise to keep you all posted - since this is such as a unique case, it will be at least a tool to educate others. I called the doctor and asked for papers, got an interview date with an attorney and my wife and I are at least talking.

Sorry to talk about my marital problems. Its life's drama!

Thanks!

[doubleubee 0]

How long do you think the Adjustment of Status will be? Does that involve remain in the US for 2 yrs or more?

[NArocks 13]

AOS time frames are dependent on many factors some adjust in months and others years, Even if you choose this route I would suggest an attorney as your case if a little different than most.

[doubleubee 0]

What does this mean?

Going through papers I found a NOA dated 4/23/2002 (my card expired 4/25/2002).

It reads among other things:

"YOUR ALIEN CARD IS EXTENDED 12 MONTHS - EMPLOYMENT AND TRAVEL AUTHORIZED. PROCESSING YOUR FORM WILL REQUIRE A MINIMUM 120 DAYS. IF YOU HAVE NOT HEARD FROM US WITHIN 6 MONTHS, THEN YOU MAY CONTACT OFFICE"

So, what does this mean?

On the very top, among some fields, it has under CASE TYPE: "FORM I-751"

How does that change my case???

[doubleubee 0]

What does this mean?

Going through papers I found a NOA dated 4/23/2002 (my card expired 4/25/2002).

It reads among other things:

"YOUR ALIEN CARD IS EXTENDED 12 MONTHS - EMPLOYMENT AND TRAVEL AUTHORIZED. PROCESSING YOUR FORM WILL REQUIRE A MINIMUM 120 DAYS. IF YOU HAVE NOT HEARD FROM US WITHIN 6 MONTHS, THEN YOU MAY CONTACT OFFICE"

So, what does this mean?

On the very top, among some fields, it has under CASE TYPE: "FORM I-751"

How does that change my case???

[payxibka 10,047]

My wife knows the mayor, we have friends who are good friends with the governor of Arkansas. When I first came, I had a recommendation letter from Mike Huckabee. Do you think that things like this may help?

Mayor = city government

Governor = state government

Immigration = federal government

Mike Huckabee might have been able to help if he had become President

Immigration Attorney is what you need